26-2-5 Permitted and conditional uses

(1) Each application for a conditional use permit shall include all drawings, maps, specifications, statements and records required by Chapters 7, 12, and this chapter. All applications that are incomplete upon submission shall be returned to the applicant. (2) Prior to any conditional use permit being issued that will permit a construction debris facility; the applicant shall show a demonstrated need for the facility within Tooele County. (3) All conditional use permit applications for construction debris disposal facilities shall be reviewed by the planning commission, which shall impose such requirements and conditions as are necessary for protection of adjacent properties and the public welfare. As a minimum all conditional use permits shall have the following conditions: (a) The construction debris facility is permitted for ancillary and support facilities necessary to conduct its business, including offices, maintenance facilities, laboratories, records storage facilities, process stations and equipment, fuel and chemical storage, and support services to maintain a workforce. (b) The construction debris facility shall maintain all facilities and activities in such fashion to assure conformity to all Tooele County land use, health, building, plumbing, mechanical and electrical codes, National Fire Protection Association Standards (NFPA), and other County ordinances, rules and regulations. (c) Copies of the licenses and permits issued by the State of Utah, Department of Environmental Quality, Division of Solid and Hazardous Waste shall be filed with the Department of Engineering. The facility shall not operate without the proper permits being in force. (d) The construction debris facility shall maintain a contingency plan and shall report to Tooele County any conditions that may endanger human health or the environment outside the facility. Any such information shall be reported orally as soon as practicable once the operator of the construction debris facility becomes aware of the circumstances of such incident. (e) The operator of the construction debris facility shall take all reasonable steps to minimize and correct any adverse impacts on the public health and environment. The operator shall address “on-site” monitoring, which may be required for assessment of impacts to air, water, soil, vegetation and public health exposures on all property under the control of the construction debris facility. Any air, soil or groundwater monitoring assessments shall be provided to Tooele County upon the written requires of Tooele County. Tooele County reserves the right to monitor and assess all subject properties that may be impacted at its discretion and expense. (f) The operator of a construction debris facility shall allow Tooele County representatives, upon the presentation of credentials and other documents as may be required by law to: (i) enter at reasonable times upon the premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this permit; (ii) have access to copy any records that must be kept under the conditions of this permit; (iii) inspect any facilities, equipment, practices, or operations regulated or required under this permit; and (iv) sample or monitor for the purpose of assuring permit compliance. (g) The operator of the construction debris facility shall submit to the Tooele County Engineer, two copies of its annual operating report no later than April 15 of each year. The annual report will be an executive summary of the major activities of the previous year and a projection of any major facility changes planned for the current year. The major activities to be summarized are as follows: (i) the amount of waste received and transferred; (ii) occurrences where human health or the environment were threatened, on and off the site, such as explosions, major fires, and reportable quantity spills; (iii) major changes to the facility, or its mission; and (iv) monitoring activities and any abnormal results that have not already been reported to Tooele County. (h) The provisions of the permit are severable. If any provisions of the permit or the application of any provision of the permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of the permit shall not be affected. (i) The conditional use permit shall be reviewed upon any change in the facility=s operation. Tooele County, the landowner or the operator may review the permit at any time. (j) This conditional use permit is revocable by the planning commission at any time due to failure of the permittee to observe any condition specified or failure to observe other requirement of the Tooele County Land Use TOOELE COUNTY LAND USE ORDINANCE – CHAPTER 26 Ordinance and the Tooele County Code. (k) All cells shall be covered to prevent fugitive dust and sand from blowing. (l) Before startup, an operations plan shall be submitted to the Tooele County Planning Commission for review. The plan shall be updated and reviewed every five years with the Tooele County Planning Commission. Each five year plan shall expire and all operation shall cease until a new plan is approved. (m) At the time that the operation is 95% complete the landowner shall submit a state- approved closure plan to Tooele County which will include post-closure activities. (n) The operator of the construction debris facility shall comply with the licensing and inspection requirements of Title 7, Chapter 3 of the Tooele County Code. (o) All internal roads shall be constructed with a dust-free surface or treatment. (p) Any debris that is spilled as a result of the transportation or processing of waste from the operation of the facility shall be cleaned up daily. (q) The construction drawings of cells shall be submitted to the Tooele County Department of Engineering for review by the county engineer. (r) The operator of the construction debris facility shall obtain a mitigation agreement from the Board of County Commissioners. (s) The operator of the construction debris facility shall build a perimeter security fence of a sufficient size to prevent unauthorized access. (4) The land owner and operator shall be responsible to insure all conditions are complied with. (Ord.2005-30, 11/22/05) Municipal solid waste zone (MSW). Section 26-3-1. 26-3-2. 26-3-3. 26-3-4. Purpose. Creation and location. Facility location criteria Environmental assessment. Permitted and conditional uses.